DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
A right-based approach aims to strengthen – on a long term basis – the capacity
of right-holders (the children) to call for respect of their rights and to legally and
legitimately claim for redress and reparation in case of damages caused by the
abuse or violation.
In contrast, an approach based solely on needs will aim to address – on a short term
basis – unfulfilled needs and to provide immediate satisfaction without necessarily
reinforcing the position of the people in need for the future.
This kind of approach also seeks to build the capacity of duty-bearers (the
authorities) to respect, protect and guarantee these rights of the child rather
than “just” fulfill their needs. It aims to address the complexities of deprivation of
liberty with a holistic approach, taking into consideration the connections between
individuals and the systems of deprivation of liberty in general.
Lastly, a right-based approched endeavors to ensure accountability of the
authorities.
3.2. Object of monitoring children’s deprivation
of liberty
Monitoring children’s deprivation of liberty involves examining, through onsite visits,
the different and interdependent rights of children that must be guaranteed and
upheld by the authorities while children are deprived of their liberty with a focus on:
General:
ʺʺ All the applicable legal and administrative measures and guidance that applies to
the place of deprivation of liberty with a view of protecting children, guaranteeing
the best interest of children, their right to life, physical and psychological integrity,
non-discrimination and right to participation;
And more specifically, but not limited to:
ʺʺ Living / material conditions of their deprivation of liberty;
ʺʺ Protection from torture or cruel, inhuman or degrading treatment as well as violence
in general;
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